도로교통에 있어서 신뢰의 원칙 확장

Abstract

The Principle of Trust states that if a person voluntarily fulfills all his obligations and trusts that others would do the same, excluding cases where certain exceptions occur, he shall not be held responsible even if another person causes an infringement by not abiding by the law. The principle is often applied mainly in cases of traffic violation,used as a theory or a precedent. The first case where the Principle of Trust was used in our country happened in the 1970s. In traffic law, the Principle of Trust is applied in 'vehicle vs. vehicle', 'vehicle vs. bicycle' and 'vehicle vs. pedestrian' cases. Back when cars were rare, the principle was not used much. But, today, as cars became commodities and a great number of adults have a driver license, it is now widely utilized. Compared to the past, Korea's traffic condition has improved to be more convenient and safe, and people's level of consciousness got higher, so they mostly know the importance of law observance. Therefore, as the change of time occurs, the Principal of trust should also be modified. I therefore believe that the Principle of Trust does not need to be applied to those who intensionally break the law. Also,if a driver or a pedestrian breaks the law, the principle needs to be applied in a strict manner to protect the other party by minimizing their liability. Another way to encourage the law-abiding spirit could be increasing the traffic fine. In addition, the Principle of Trust needs to be used more extensively not only in 'vehicle vs. vehicle' but also in 'vehicle vs. car' cases.